The insurance industry thrives on the possibility of accidents, but not necessarily the accident itself. In other words, it is not in the best interests of an insurance company to pay a victim a fair settlement, and in many cases great efforts are exerted by that insurance company to keep settlements as low as possible. That being said, in many cases you can expect to be compensated in a fair and complete manner for many minor injuries. There are, however, at least two types of injuries that call for more help than an insurance company can offer. Read on to find out more.
The limits of workers' comp
This form of employer paid coverage can be a great deal for those injuries that tend to heal quickly, but you may need to file a personal injury claim against the employer in some cases.
1. Toxic Exposure: Workplaces can be dangerous places, in spite of the strict rules in place. If you have been the victim of a toxic exposure, the workers' comp insurance will only pay you for a portion of your former salary (sometimes about 70%) and take care of your medical bills. When you are talking about the far-reaching effects of a toxic exposure injury, your ability to enjoy a measure of enjoyment of life and to work to earn to a living is severely impacted. You will need to procure a settlement that assures a continuity of medical care and a financial settlement that takes into account your pain and suffering and inability to ever work again.
If you are dealing with a large corporation, you can rest assured that you will be going against a powerful legal defense. Additionally, these types of cases can get highly technical, with the need to hire many expert witnesses to testify about the details of the toxic exposure and its effects on the body. Toxic injury cases can also garner bad publicity for the employer, which could help prompt the company to make changes to protect future workers. None of this is likely if you only file a workers' comp claim. Only a personal injury attorney, or perhaps even a class action lawsuit, will garner you the compensation and the gratification of seeing positive changes made.
2. Severe Injuries: Workers' comp is fine for injuries where you stay home and get better and then return to your usual job after a few weeks or months. If you suffer from a work-related catastrophic injury however, such as a amputation, head or spinal injury or severe burn, and are never able to return to that or any job, you might want to consider filing a personal injury suit against the employer. The stakes are high and the need for a fair settlement is vital, so the services of an attorney is needed. Dealing with these types of injuries requires a comprehensive compensation plan, so don't settle for less.